CRIMINAL RECORD SUSPENSIONS - NUNAVIK
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CRIMINAL RECORD SUSPENSIONS NUNAVIK
The information contained in this guide does not constitute legal advice. This guide’s content is aimed at providing general information on record suspension. The information in this guide was last updated in March 2021.
5 WHO ARE WE WHAT IS A 7 CRIMINAL RECORD? CRIMINAL RECORD 11 SUSPENSION STEPS TO APPLY FOR 15 A RECORD SUSPENSION
4
WHO ARE WE
Justice Pro Bono is a non-profit organization created
in 2008 at the initiative of the Barreau du Québec.
Its mission is to mobilize the legal community
+
to provide expertise and time to individuals
and non-profit organizations in Québec that lack
the resources required to access legal services.
Since 2017, we have held free legal clinics in Inuit
communities, and pardon applications were a recurring
issue. While we helped individual citizens who came to our
clinics with their demand, we also were eager to develop a
more encompassing solution that could reduce the negative
effects of a record: as it stands, it is a significant employment
barrier for jobs in Nunavik, in addition to being a tool of
harmful stigmatization.
ABOUT US
The Makivik Justice Department helps administer justice
using culturally adapted approaches which put the emphasis
on healing individuals, families and the community while also
dealing with the underlying causes of crimes. In Nunavik,
para-judicial workers and local justice committees offer
direct services to the population at various stages
Makivik of the justice and correctional process in collaboration,
and with the support of the regional Justice Department
office in Montreal.
The Justice Department consists of five (5) separate
programs all relating to alternative justice initiatives
in Nunavik, which includes Justice Committees,
Para-Judicial Workers, Corrections Program,
Gladue Reports, and Record Suspension Program.
5 justiceprobono.ca/nunavikCR
RE IM
CO IN
A
RD L
OUR PROJECT
To help citizens of Nunavik obtain record
suspensions, Justice Pro Bono has drafted this
guide, and has teamed up with Makivik
to provide phone support to Inuit beneficiaries
wishing to undertake the process.
This guide is meant to be used in conjunction
with the telephone service, as many steps
will be facilitated by the agent. We strongly
encourage you to start your journey by calling
Makivik at 1-833-331-5818 to get help from
one of their agents!WHAT IS A CRIMINAL RECORD?
A criminal record is
a record kept by the
WHO HAS A CRIMINAL RECORD?
police with information If you have been convicted of a crime found in the Criminal Code or another
on people who have federal law, such as the Controlled Drugs and Substances Act, you most likely
have a criminal record.
been found guilty
of crimes. The record In other words, if you have pleaded guilty, or been found guilty of a crime after
a trial, you most likely have a criminal record, unless you received a discharge
contains the list of the (explained below). Even if you think the crime was nothing serious, and even if
crimes committed by a the crime was committed many years ago, you most likely have a criminal record.
person and information f Example 1: Paulusie pleaded guilty in 2010 to assaulting Jacob with
on this person. a weapon. Paulusie received a suspended sentence and a probation order
of 1 year. Paulusie has a criminal record.
f Example 2: Eva stood trial in 2018 for drinking and driving. She was found
guilty and had to pay a fine of 1000$. Eva has a criminal record.
justiceprobono.ca/nunavik 8WHO HAS BEEN FOUND GUILTY,
!
BUT DOES NOT HAVE A
CRIMINAL RECORD?
If you have been found guilty, or pleaded guilty to a criminal charge, but have
received an absolute discharge or a conditional discharge, you do not have a
criminal record. Therefore, you do not need to apply for a Record suspension!
The record disappears on its own, if you respect the conditions (if it is a conditional
discharge) and are not convicted of any new crime.
IMPORTANT
f If you have received an absolute discharge, your record will be automatically erased A criminal record is not
after one year. the only file where information
on you or your criminal charges
− If you received an absolute discharge before July 24, 1992, the process might
or convictions may be found!
not have been automatically completed – we can help you fill out the proper forms.
To completely erase all traces
f If you have received a conditional discharge, your record will automatically be erased of charges or convictions, you
three years after the end of your probation. may have to take further steps
to have these other files
− If you received a conditional discharge before July 24, 1992, the process might
destroyed. You may have to
not have been automatically completed – we can help you fill out the proper forms.
do this even if you don’t have
f If you have received an “810”, also referred to as a peace bond, you do not have a criminal record or even after
a criminal record. receiving a record suspension!
f If you committed crime as a minor, but have never committed a crime as an adult, For more information, please
you generally do not have a criminal record. consult https://educaloi.qc.ca/
en/capsules/criminal-records-
f If you’ve received a ticket or been found guilty of a provincial penal infraction, such as
and-other-records-of-
a speeding ticket or a ticket for being drunk in public, you do not have a criminal record.
criminal-charges/
f You do not have a criminal record if you took part in an alternative measure program,
provided you completed the measure and received confirmation of its completion.
Your local justice coordinator, or the Makivik agent, can help you confirm this.
f You do not have a criminal record if you were acquitted (found not guilty)
at trial, if your charge was withdrawn, or if you received a stay of proceedings
(and the charge was not reinstated within a year).
9 justiceprobono.ca/nunavikWHAT ARE THE IMPACTS OF
!
HAVING A CRIMINAL RECORD?
Employment and volunteering
Certain employers or organizations could refuse to hire you if you have a criminal
record and the crime has some link with the work involved. For example,
if you have been found guilty of assaulting a child, a school could refuse to hire
IMPORTANT you as a teaching assistant or a janitor.
If the crime you committed Travel
has no link with the employment, Some countries may restrict entry to people with a criminal record. For example,
or if you have received a record the USA has very strict immigration laws, and a criminal record may prohibit
suspension, an employer cannot you from entering the country. If you have a criminal record, and are thinking of
fire you or refuse to hire you traveling to the USA or another country, you should check with the embassy or a
simply because of the crime consulate of the country in question to see if you would be allowed to travel there.
you committed.
(Of course, there could be other Fostering or adoption
reasons for firing you, or hiring Depending on the infractions you have been found guilty of having committed,
someone else, that are unrelated you may have difficulties in fostering or adopting children.
to the crime in question.)
justiceprobono.ca/nunavik 10CRIMINAL RECORD SUSPENSION
WHY APPLY FOR A RECORD
!
SUSPENSION?
A record suspension will make it much more difficult for people to find out
you were convicted of a crime! Court records are public. Without a record
suspension, people can easily find information about any convictions. After
the suspension, it becomes much more difficult. Only the police will keep your
information on file, and it will be kept in a confidential manner.
IMPORTANT For example, if you were found guilty of drinking and driving but wanted to be a
school bus driver, a criminal record would probably prevent you from getting the
A record suspension does job. However, if you obtain a record suspension, the employer could no longer
not erase the fact that you have refuse to hire you based on this prior conviction.
been found guilty or convicted
of a crime. However, you can
then say you received a record
suspension (formerly known WHO CAN APPLY FOR A RECORD
as a Pardon), which may help
you with employment,
SUSPENSION?
insurance or travel.
Not everyone can apply for a record suspension. Also, the time you must wait
to apply for suspension varies according to a certain number of things.
You have been convicted of an offence punishable
5
YEARS
by summary conviction:
You can apply five years after the end of your sentence.
This means: five years after the end of your probation,
your prison time or the date you finished paying your fine.
You have been convicted of an offence punishable
10
YEARS
by indictment:
You can apply ten years after the end of your sentence.
This means: ten years after the end of your probation,
your prison time or the date you finished paying your fine.
justiceprobono.ca/nunavik 12If you have committed your last infraction before 2012, different delays may apply.
f Example 1: You were found guilty by summary conviction of assault on Jan. 8th, 2017. You were sentenced
to 30 days in prison. You can apply 5 years after the end of your prison sentence.
30 days 5 years
End Apply
Guilty of prison for record
sentence suspension
f Example 2: You were found guilty of assault by summary conviction on Jan. 8th, 2017, and were sentenced
to a fine of 1000$. You finished paying the fine on August 8th, 2017. You can apply 5 years after the date
you finished paying the fine.
7 months 5 years
Finish Apply
Guilty paying for record
the fine suspension
f Example 3: You were found guilty of theft by way of indictment and received a prison sentence of 18 months,
followed by a one-year probation. You may apply ten years after the end of your probation order.
18 months 1 year 10 years Apply
End
End of for record
Guilty of prison
probation suspension
sentence
Various factors have to be examined to determine whether you’re eligible for a record suspension
and, if so, the date when you could apply: contact us to let us help you find out!
13 justiceprobono.ca/nunavikCANNABIS: WHO CANNOT APPLY
A SPECIAL CASE FOR RECORD SUSPENSION?
If you were convicted of simple If you have been convicted of certain offences (such as sexual interference
cannabis possession, and no with a minor, for example), you will not be able to apply for a record suspension,
other offences, you may apply unless in some exceptional circumstances.
for a record suspension without
having to wait 5 or 10 years If you have been convicted of more than three offences by indictment, and for
after the end of the sentence. each of these convictions, you received a prison sentence of at least two years,
This procedure is free and faster you will not be eligible for a record suspension.
than a regular record suspension Check with the Makivik agent to know if one of these situations applies to you!
application. You must use
a different form and follow
a different procedure.
A RECORD SUSPENSION
IS NOT ALWAYS GRANTED!
Check with the Makivik agent
to find out if you could apply
through this program.
Not everyone who is eligible for a record suspension receives it!
In deciding whether (or not) to grant the record suspension, the Parole Board
of Canada will examine many factors, including:
f The nature, gravity and duration of the offence;
f The circumstances surrounding the offence;
f Your criminal history;
Makivik f The seriousness of any physical or psychological injury caused to the victims.
If you are granted a record suspension, the suspension may be revoked (cancelled)
in certain circumstances:
f You’re convicted of another crime;
f The Board considers you are no longer maintaining good conduct;
f The Board finds out that you knowingly made a false or deceptive statement or
concealed important information in your application for the record suspension.
justiceprobono.ca/nunavik 14STEPS TO APPLY FOR A RECORD SUSPENSION
0
PRELIMINARY STEP
1
GET YOUR CRIMINAL
2
GET YOUR COURT
3
GET YOUR MILITARY
RECORD INFORMATION CONDUCT SHEET
4
GET YOUR
5SORT
6
COMPLETE THE
7
FILL IN THE RECORD
POLICE RECORD YOUR ID SCHEDULE 1 SUSPENSION
EXCEPTION FORM APPLICATION FORM
8
COMPLETE THE
9
SUBMIT YOUR
MEASURABLE APPLICATION!
BENEFIT/SUSTAINED
REHABILITATION
FORMApplying for a record suspension
is a lengthy and costly process,
but it could have a tremendously
positive impact on your life.
The Makivik agent can help
Inuit beneficiaries understand
if they are eligible for a record
suspension, and if so, when and Makivik
how to apply. If you are eligible,
the Makivik agent will be there
to help you at every step
of the process, if you wish
to be accompanied.
0
The Parole Board of Canada
also has a detailed guide to the
process: www.canada.ca/en/
parole-board/services/record-
suspensions/step-1-get-your-
criminal-record.html
PRELIMINARY STEP
Call our agent to verify your eligibility to apply for a record
suspension: 1-833-331-5818, and ask for the record suspension/
pardon agent.
*This service is only offered to Inuit beneficiaries.
17 justiceprobono.ca/nunavik1 2
GET YOUR COURT
GET YOUR INFORMATION
CRIMINAL f Fill in the form “Court Information Form”, by answering
RECORD
questions 1 to 6.
f Contact the Makivik agent to help you sort out which
courts you need to contact: indeed, you need to reach
f Have your fingerprints taken by the KRPF out to each court where you have received a conviction,
(also known as Nunavik Police Service). and ask them to fill the section “For Court Use Only”.
− For police use, the form to fill out is the Make sure the Court includes an official seal or stamp
following: RCMP GRC C-216C (2010-10) PRNT on the form!
f The KRPF will then send it to the RCMP, who will
send back your criminal record. You can choose
to have it sent directly to the Makivik agent,
who will help you with the whole process.
− Although the fingerprinting is free through
the KRPF, the RCMP charges 25$ for this
document. You will need to provide the KRPF
with a check for 25$ to complete this request.
f Check that all your convictions are on this record!
If a conviction is missing, you will need to get
a Proof of Conviction from the court.
f If you’re not comfortable or require assistance,
a local Justice Committee Coordinator can
accompany you.
justiceprobono.ca/nunavik 184
GET YOUR
POLICE
RECORD
f Fill in all the questions on the first page
of the Local Police Records Check Form.
f Go to your local KRPF police station
3
with this form and your criminal record.
Ask a police officer to fill in the section
“For Police Use Only” of the form.
f You will need to provide two (2) ID cards,
one with a picture. If you don’t have one
with a picture, you will need three (3)
valid ID cards, including a birth certificate.
GET YOUR f They will then provide you with a full
record for infractions across Canada.
MILITARY − Make sure the Police include an official
seal or stamp on the form!
CONDUCT SHEET
IV
f If you are or have been a member
of the Canadian Forces, or the Canadian Rangers,
you need to fill the Military Conduct Sheet.
19 justiceprobono.ca/nunavik6
COMPLETE THE
SCHEDULE 1
EXCEPTION FORM
5
SORT YOUR ID
f If you have been convicted of an offence found
in Schedule 1 of the criminal records Act,
you need to fill in this Exception Form!
− The Makivik agent at 1-833-331-5818 will be
able to tell you if this step applies to you.
7
f Get a very clear photocopy of a valid ID document
(beneficiary card, passport, a driver’s license
or a RAMQ card).
− If you require help for this step, ask the
Makivik agent to put you in touch with your
FILL IN THE RECORD
local Justice Committee Coordinator to make
an appointment.
f The document must be issued by the government
and must include your name, date of birth SUSPENSION
APPLICATION FORM
and signature.
− If your names vary according to official
documents, make sure to specify ALL possible
names on your application, f Fill all the questions in the form, truthfully and completely.
justiceprobono.ca/nunavik 208
COMPLETE THE
MEASURABLE
BENEFIT/SUSTAINED
REHABILITATION FORM
f You must describe in detail how receiving a record suspension would
provide you with a measurable benefit AND sustain your rehabilitation
into society as a law-abiding citizen.
− You must explain how the criminal record is negatively affecting
your life, such as difficulties in finding a job, fostering a child or
getting insurance;
− You must explain how the record suspension would positively affect
your life;
− You must explain all the positives changes in your life since your last
infraction, such as if you have successfully followed a therapy, your
current relationships, your employment situation, your studies, etc.
f Examples of this letter can be looked over with the Makivik agent
or Justice Committee Coordinator.
f Make sure you fill in all the sections.
21 justiceprobono.ca/nunavik!
9
SUBMIT YOUR
IMPORTANT
For Inuit beneficiaries, the KRG may provide
help for payment of the fees through its
APPLICATION!
Individual Action Plan. Contact the Makivik
agent to know more about this option!
Mail the application to:
f Make sure to keep a photocopy of every document
you are sending Parole Board of Canada
Clemency and record suspension Division
f Make sure your application contains all 410 Laurier Avenue West, 5th Floor
the following documents: Ottawa (Ontario) K1A 0R1
− Original criminal record
The wait can take up to two years overall. Once
− Original Court Information Form(s) you send in your application, an agent from the
Parole Board of Canada should contact you
− Original Military Conduct Sheet (if applicable)
within a few months, to confirm your eligibility
− Original Local Police Records Check Form(s) and that all documents needed have been
− Photocopy of your ID document received. After this initial contact, you can
generally expect a final answer within the year.
− Original Schedule 1 Exception Form, if applicable
As mentioned above, the result is not
− Original record suspension Application Form guaranteed! Even if your application was done
− Measurable Benefit/Sustained Rehabilitation Form perfectly, the Parole Board of Canada could still
refuse it. Also, if you’re arrested/convicted of
− Application Processing Fee (certified cheque,
another crime, the application will be dismissed.
money order or paid online by credit card)
justiceprobono.ca/nunavik 22Thanks to the following people and institutions for their contribution to this guide This project could not have been possible without financial help from : Justice Canada Justice Québec Acknowledgments Mtre Alain Bellefeuille, Justice Québec Chantal Chaput, Parole Board of Canada Mtre Geneviève Charland-Arcand, Kativik Regional Government Sherolyn Dahmé, Ivirtivik Victoria Gordon, Kativik Regional Government Loic Lennen, Ivirtivik Dave McMullen, Kativik School Board – Adult Education Mistrale Meilleur, Parole Board of Canada Jean-François Morin, Kativik Regional Police Force (Nunavik Police Service) Benoît Rullier, Éducaloi Josée Trottier, Justice Québec Mtre Nalini Vaddapalli, Law Society of Nunavut Nadejda Yao, Kativik Regional Government Content Mtre Richard Goldman, Éducaloi Mtre Christine Renaud, Lawyer Justice Pro Bono Mtre Chloé Beaudet-Centomo Mtre Nancy Leggett-Bachand Makivik Justice Department Eva Angiyou Navanara Kleist Eve Laoun Victoria Okpik Paul Palubeskie Louisa Quaritalyu Translation Victoria Okpik, Inuktitut translation Daly-Dallaire, French translation Graphic design Dominic Cyrenne, Alphatek Laurie Groleau, Alphatek
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